Losing your job can be an emotional whirlwind. Beyond the financial stress, it leaves you doubting yourself. The sudden news can feel unfair, especially when your recent performance has been nothing but positive.
If you feel your employer vaguely addressed the reasons for your dismissal, they may be hiding an unlawful motive. In California, it is unlawful for employers to terminate an employee based on protected characteristics.
Did your employer break the rules?
While California follows the at-will principle, your employer must follow certain boundaries. Under the Fair Employment and Housing Act (FEHA), termination based on race, gender, age or disability is illegal. Furthermore, the California Labor Code prohibits termination as a form of retaliation against whistleblowers.
Additionally, your employer should respect the terms and conditions provided in the employment agreement. If your contract mentions that you may only be terminated for specific reasons, the supervisor must abide by those terms. Otherwise, their breach constitutes wrongful termination.
How should you respond to a sudden termination?
Establishing a paper trail is a must. To build your case, here are the common documents to prepare:
- Annual performance reviews
- Termination notice
- Communication threads
- Witness testimonies
- Disciplinary notices
These can help you build a timeline that shows how your termination occurred. Documenting these details while they are fresh in your mind is vital for proving your case later.
Why do you need to act immediately?
According to the Civil Rights Department, there are deadlines you must meet for filing a complaint. While the statute of limitations is generally three years from the date of the dismissal, this may not apply to all wrongful termination claims.
Determining which deadline applies to you can be overwhelming, especially when you are still processing the shock of a job loss. An employment attorney can review your case and help you navigate the legal complexities of filing a complaint.